Patna High CourtCR. MISC./36049/2023bail granted

Guddu Kumar v. The State Of Bihar

2023-06-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36049 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- DARBHANGA RAIL P.S. DistrictSamastipur ====================================================== Guddu Kumar, Son Of Late Binda Das, Resident Of Adarshnagar Ward No 2, Ps- Town And District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.T. No. 79 of 2023, arising out of Rail Darbhanga (G.R.P./D.B.G.) P.S. Case No. 144 of 2022 lodged on 17.08.2022 under Sections 302/379 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against unknown accused persons.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR but subsequently, his name has come up in the present case, on the basis of confessional statement of one Suryakala Devi. Suryakala Devi, in his confessional statement named two accused persons and out of

Patna High Court CR. MISC. No.36049 of 2023(2) dt.24-06-2023 2/2 two accused persons, one is the present petitioner whereas other is co-accused, Mantosh Sah, who has been granted bail by a coordinate Bench of this Court vide order dated 27.04.2023 passed in Criminal Miscellaneous No. 2876 of 2023. The petitioner is in custody since 20.08.2022 having clean antecedent and the chargesheet has already been filed in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Samastipur in connection with S.T. No. 79 of 2023, arising out of Rail Darbhanga (G.R.P./D.B.G.) P.S. Case No. 144 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J) Ashwini/- U